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Employment Law

One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments

07/15/2010
Following past recessions, hiring typically took place across the age spectrum once recovery began. Not this time. The Great Recession and its hiring hangover have hit older workers particularly hard. That’s sure to mean more lawsuits. Employment lawyers smell blood and will soon be going after employers they perceive as having policies biased against hiring older workers.

You don’t have to chase down FMLA certification

07/15/2010
Employers aren’t required to go out of their way to encourage employees to have a doctor certify a serious health condition that qualifies for FMLA leave.

Handle return-to-work issues with care

07/15/2010

Employees and their lawyers know to dig deep when they’re considering filing a discrimination lawsuit. They hunt for anything that smacks of unequal treatment based on some protected classification—and if they find something, they’ll sue. Consider this example:

Responding to an office affair? Don’t forget the ‘fair’ part

07/15/2010
When an office romance is in full bloom, it’s a tough secret to keep from the perceptive masses. But how’s an employer supposed to respond when an affair causes turmoil in the workplace? This court decision offers a good warning: Don’t discipline one partner but not the other.

‘Jon & Kate Plus 8,’ minus child labor violations

07/14/2010
Fans of “Jon & Kate Plus 8” can relax. After an investigation, the Pennsylvania Department of Labor & Industry decided not to fine the popular reality TV show for alleged child labor violations.

Feds propose new HIPAA privacy rules

07/13/2010
The Department of Health and Human Services has proposed new rules to strengthen HIPAA’s confidentiality and security measures. While your health insurance carrier will have primary responsibility for compliance, you need to be able to answer employees’ questions about their new privacy rights.

What are the rules on paying for weekend travel time?

07/13/2010
It’s one of the trickier wage-and-hour questions: How to pay hourly employees who travel on days they usually don’t work, such as Saturdays and Sundays. Learn the intricacies of determining which hours are paid, which are not and how the Portal-to-Portal Act exception to the Fair Labor Standards Act comes into play.

Using the Supreme Court’s model to prevent employment lawsuits

07/13/2010

You know you have an obligation to eliminate discrimination, harassment and retaliation. You know you have to make sure employees don’t harass co-workers or subordinates, or harm customers and others. On the other hand, you know applicants and employees have a right to privacy that is protected by state and federal laws. It’s a balancing act: Just how do you protect workers on the one hand, while respecting their privacy on the other?

Orlando’s Hilton Grand, EEOC settle pregnancy bias case

07/13/2010
Orlando-based Hilton Grand Vacations has agreed to settle an EEOC pregnancy discrimination lawsuit in which a former employee claimed the company asked her to resign during a difficult pregnancy in return for a promise to rehire her after her child was born.

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/13/2010

Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit. Balance Staffing, a nationwide temp agency with operations in Florida, hired Jocelyn Snower. Snower was an experienced recruiter, but company owner Robert Feinstein did not know she was blind when he hired her. When he found out, he immediately fired her …